California Elections Code 1300 – (a) (1) An election to select a district attorney and …
(a) (1) An election to select a district attorney and sheriff shall be held with the presidential primary.
(2) If the district attorney or sheriff is not elected pursuant to Sections 8140 and 8141, the election described in paragraph (1) shall be deemed a primary election and a county general election shall be held with the presidential general election to select the district attorney or sheriff.
Terms Used In California Elections Code 1300
- County officer: means any elected officer enumerated in Division 2 (commencing with Section 24000) of Title 3 of . See California Elections Code 314
- Election: means any election including a primary that is provided for under this code. See California Elections Code 318
- General election: means either of the following:
California Elections Code 324
- Primary election: includes all primary nominating elections provided for by this code. See California Elections Code 341
(b) (1) Except as provided in paragraph (2) and as otherwise provided in the Government Code, an election to select county officers other than district attorney and sheriff shall be held with the statewide primary at which candidates for Governor are nominated.
(2) Notwithstanding paragraph (1), and except as otherwise provided in the Government Code, a county board of supervisors may adopt an ordinance to hold an election to select any county officer other than a county superintendent of schools with the presidential primary.
(3) If a county officer described in this subdivision is not elected pursuant to Sections 8140 and 8141, the election held pursuant to paragraph (1) or (2) shall be deemed a primary election and a county general election for the office shall be held with the following statewide general election.
(c) Notwithstanding subdivision (b) of Section 1003 or any other law, the requirement that the district attorney and sheriff be elected in presidential election years applies to both general law and charter counties, except those charter counties that, on or before January 1, 2021, expressly specified in their charter when an election for district attorney or sheriff would occur.
(d) A district attorney or sheriff elected in 2022 shall serve a six-year term and the next election for that office shall occur at the 2028 presidential primary.
(Repealed and added by Stats. 2022, Ch. 743, Sec. 2. (AB 759) Effective January 1, 2023.)